Can an employee pray during working hours? Is an employer required to provide a prayer room? What are the legal consequences of prohibiting a headscarf or dismissing someone who refuses to shake hands for religious reasons? These are not theoretical questions — they arise daily in Dutch workplaces. In this comprehensive article, the employment law specialists at Law & More set out the legal framework clearly, examine recent case law, and provide practical guidance for both employers and employees.

Whether you are an employer seeking to establish a clear diversity policy, or an employee who suspects that your religious practice is being restricted at work: this article gives you the legal knowledge you need.

1. What is freedom of religion in the workplace — and why does it matter legally?

Freedom of religion is a fundamental right in the Netherlands, enshrined in Article 6 of the Dutch Constitution and Article 9 of the European Convention on Human Rights (ECHR). It protects not only the freedom to hold a belief, but also the freedom to practise it — both in private life and in the workplace.

In the employment context, this fundamental right is elaborated through the Equal Treatment Act (Algemene wet gelijke behandeling — AWGB). Article 5 of the AWGB prohibits employers from making distinctions based on religion, belief, political opinion, race, sex, nationality, sexual orientation or marital status when entering into or terminating an employment relationship — unless an objective justification exists.

Why is this so relevant? The Dutch workforce is highly diverse. Muslims who pray and fast during Ramadan, Christians who wish to take time off on religious holidays, Sikhs who wear a turban, Jews who observe the Sabbath: all of these situations can create friction with an employer’s operational requirements. That friction is legally regulated — but always requires a careful, individual balancing of interests.

2. The legal framework: what does Dutch law say?

The key legal provisions governing freedom of religion in the Dutch workplace are:

• Article 6 Dutch Constitution: guarantees freedom of religion and belief.
• Article 9 ECHR: protects freedom of thought, conscience and religion at the European level.
• Articles 1 and 5 AWGB: prohibit direct and indirect discrimination based on religion in employment relationships.
• Article 2 AWGB: sets out when a distinction can be objectively justified.
• Article 7:648 Dutch Civil Code (BW): prohibits disadvantaging employees for invoking equal treatment rights.
• Flexible Working Act (Wet flexibel werken — Wfw): provides the basis for requests to adjust working hours, including for religious obligations.
• Working Hours Act (Arbeidstijdenwet — ATW, Article 4:1a): requires employers to take account of personal circumstances, including religious obligations, to the extent reasonably possible.

Exceptions: religious denominations and the spiritual ministry are exempt from certain obligations under Article 3 of the AWGB. Additional neutrality rules apply to government employers under the Civil Servants Act 2017 (Ambtenarenwet 2017).

3. Direct and indirect discrimination: the distinction that changes everything

The AWGB distinguishes between two forms of prohibited discrimination:

Direct discrimination

This is the most straightforward form: an employee is treated differently because of their religion. For example, an applicant is not hired because they are Muslim, or an employee is dismissed because she wears a headscarf. Direct discrimination on grounds of religion is almost never permissible — not even when the employer invokes neutrality or business ethics.

Indirect discrimination

Indirect discrimination occurs when an apparently neutral rule or measure disproportionately affects a particular religious group in practice. For example: a company policy prohibiting face-covering clothing during client contact. On the surface neutral, but in practice it primarily affects Muslim women who wear a niqab.

Indirect discrimination can be justified if three cumulative requirements are met:

• There is a legitimate aim (such as safety, business ethics or client-facing requirements);
• The measure is appropriate to achieve that aim;
• The measure is necessary and proportionate — there are no less restrictive alternatives.

All three requirements must be met simultaneously. If one is missing, the discrimination is prohibited.

4. Praying at work: rights and limits

For many believers, prayer is a religious obligation. Muslims are required to pray five times a day, two or three of which fall during regular working hours. Employees of other faiths have similar obligations.

Does an employee have the right to prayer breaks?

There is no absolute statutory obligation on employers to grant prayer breaks. However, the legal reality is more nuanced. When an employee requests a break for prayer, the employer is required to seriously consider the request and weigh it against business interests. Systematically refusing without a compelling, objectively justified reason carries significant legal risk.

Recent case law (ECLI:NL:RBNHO:2025:11085) established that the dismissal of an employee who wanted to pray during working hours was discriminatory, because the employer could not demonstrate a compelling business interest and had not considered alternatives. The court held that the request was reasonable and that a brief prayer break — lasting only a few minutes in practice — did not constitute a disproportionate burden on business operations.

Prayer room: an obligation or a favour?

Employers are not legally required to set up a dedicated prayer room. However, the same principle applies: where an employee makes a request and there are no compelling practical objections, refusing can constitute prohibited discrimination. Courts always require a concrete balancing of interests: has the employer considered alternatives? Is an empty meeting room available? In most cases, a pragmatic solution will be possible.

Practical advice for employers: document your policy, designate an available space, and ensure that the policy is applied consistently and without discrimination.

5. Fasting at work: Ramadan and employee rights

Ramadan is the best-known period of religious fasting, but Christians, Jews and adherents of other faiths also observe fasting traditions. Fasting can affect an employee’s physical condition and concentration, and may give rise to requests to adjust working hours.

Adjusting working hours during Ramadan

Under Article 2 of the Flexible Working Act, an employee may submit a written request to adjust their working hours. The employer is in principle required to grant this request unless there are compelling business or service reasons against it. These may include serious scheduling problems, safety requirements, or demonstrable harm to business operations.

Case law (ECLI:NL:RBMNE:2025:6132) makes clear that an employer cannot simply refuse such a request. The employer must genuinely explore alternatives — such as earlier or later start and finish times — and must provide a well-reasoned explanation for any refusal. A standard response is not sufficient.

Productivity and safety during fasting

Employers sometimes ask whether they may take measures if a fasting employee appears less productive or poses safety risks. The answer is nuanced: employers have a duty of care for safe working conditions, but this does not justify discrimination. An employee may not be disadvantaged simply because they are fasting. However, following a careful, individual assessment, an employer may temporarily reassign duties if there are concrete and well-documented safety concerns.

6. Religious holidays: requesting and refusing leave

Employees of various faiths may wish to take time off on religious holidays not included in the Dutch official calendar — such as Eid al-Fitr, Passover or Diwali. Do they have a legal right to do so?

There is no statutory right to leave specifically for religious holidays beyond the recognised national public holidays. However, employees can submit a leave request under the standard leave regime. An employer may refuse on the basis of compelling business interests, but must provide a well-reasoned justification. Arbitrary or inconsistent treatment — granting comparable leave requests from some employees but not others without clear grounds — can constitute prohibited discrimination.

Case law on unauthorised leave for religious pilgrimage (ECLI:NL:RBDHA:2025:6132) shows that the right to freedom of religion was not violated in that instance because the employer demonstrably took religious interests into account, but the business interest outweighed them on the facts. This illustrates that outcomes are always context-dependent.

7. Dress codes and religious expression: headscarf, cross, turban

Wearing religious symbols or clothing — a headscarf, a kippah, a cross, a turban — is explicitly protected as an expression of faith. Prohibiting such dress constitutes direct or indirect discrimination on grounds of religion.

Nevertheless, an employer may impose certain restrictions, provided that:

• The policy is coherent, systematic and consistently applied (not selectively targeting certain religions);
• There is a legitimate aim (for example: uniform corporate appearance, safety when operating machinery);
• The restriction is necessary and proportionate.

In ECLI:NL:RBDHA:2025:19487, the court held that the dismissal of an employee who refused on religious grounds to shake hands with a female colleague was not justified: the employer could not demonstrate that handshaking was necessary for the role (an IT service desk position, largely home-based) and no alternatives had been considered. The dismissal was annulled and a fair compensation was awarded.

Compare this with ECLI:NL:CRVB:2009:BI2440, where a uniform greeting policy (handshaking) was upheld: in that specific context, promoting integration and preventing segregation was recognised as a sufficiently weighty interest. Context determines the outcome.

8. The burden of proof: who must prove what?

An important aspect of equal treatment law is the allocation of the burden of proof. The system works as follows:

• Step 1 — Employee: puts forward facts and circumstances that give rise to a presumption of prohibited discrimination. Full proof is not required.
• Step 2 — Shift: once the court considers the presumption sufficiently established, the burden of proof shifts.
• Step 3 — Employer: must demonstrate in a concrete and substantiated manner that there is no prohibited discrimination, or that the measure is objectively justified.

A general appeal to business ethics or customer preferences is insufficient. The policy must be coherent, systematic and consistently applied, and its necessity must be demonstrated through concrete circumstances. Employers who rely on internally prepared documents created after the fact run the risk that courts will not accept these as convincing evidence.

Note: statistical data can also be used by an employee to demonstrate indirect discrimination. If a particular religious group is shown to be systematically treated differently from other employees, this can establish a presumption of prohibited discrimination.

9. Legal consequences of a violation: what are the risks for employers?

When an employer violates an employee’s freedom of religion — and cannot rebut that finding — the legal consequences are significant:

• Annulment of dismissal: the dismissal is reversed and the employee is entitled to reinstatement.
• Fair compensation (billijke vergoeding): where there is seriously culpable conduct, the court may award substantial compensation in addition to the statutory transition payment.
• Transition payment (transitievergoeding): the statutory redundancy payment under Article 7:673 BW.
• Non-material damages: where psychological harm results from discrimination (Article 6:106 BW).
• Legal costs: an order to pay the employee’s legal costs.
• College for Human Rights ruling: a public finding of prohibited discrimination — reputationally damaging.

Courts treat the systematic refusal of prayer breaks, the prohibition of religious dress without justification, and dismissal on grounds of religious expression as seriously culpable conduct. This weighs heavily in determining the level of fair compensation.

10. Procedural steps for employees: what can you do?

If you suspect as an employee that your freedom of religion is being violated at work, these are the legal steps available to you:

• Internal complaint: file a complaint with your employer or the internal complaints committee. This creates a paper trail and gives the employer an opportunity to remedy the situation.
• College for Human Rights (College voor de Rechten van de Mens): submit a request for an investigation into prohibited discrimination. The College can issue a ruling (not legally binding, but authoritative).
• Interim injunction (kort geding): where there is urgency, you may apply for provisional relief from the preliminary relief judge under Article 254 Rv, for example for reinstatement.
• Main proceedings before the subdistrict court (kantonrechter): claim annulment of dismissal and/or fair compensation within two months of dismissal (Article 7:681 BW).
• Right of inspection: if you wish to inspect internal documents that the employer intends to use as evidence, you can enforce this right under Article 194 Rv. The court can issue an inspection order backed by penalty payments.

11. Practical recommendations for employers

A proactive, well-documented policy prevents disputes and legal risk. We advise employers as follows:

• Establish a written diversity and inclusion policy that also addresses religious expression.
• Conduct individual, written and reasoned assessments for each religious request.
• Apply the policy consistently across all religious groups — inconsistency is evidence of prohibited discrimination.
• Always explore alternatives before refusing a request.
• Document all decisions promptly — documents prepared after the fact lose their evidential value in court.
• Train managers and supervisors in the application of equal treatment law.

Frequently Asked Questions (FAQ)

Can my employer prohibit me from praying during working hours?

An outright prohibition is not permissible in most situations. The employer must genuinely assess your request and can only refuse if there are compelling, objectively justified business interests. Courts consistently hold that a brief prayer break of a few minutes does not constitute a disproportionate burden. Refusal without a proper explanation is legally risky.

Is my employer obliged to provide a prayer room?

There is no absolute statutory obligation. However, where there are no compelling practical objections, refusal to accommodate a request for a prayer space can constitute prohibited discrimination. Employers are well advised to designate an available space, such as a spare meeting room, for this purpose.

Can I as an employee request different working hours during Ramadan?

You can submit a written request under the Flexible Working Act. The employer is in principle required to grant the request unless there are compelling business interests against it. Any refusal must be specifically reasoned, and it must be shown that alternatives are not feasible.

Can my employer prohibit me from wearing a headscarf?

Only if the prohibition forms part of a coherent, systematic and consistently applied neutrality policy, provided there is a legitimate aim and the prohibition is necessary and proportionate. A prohibition that is applied selectively — targeting only certain religions — constitutes direct discrimination.

What are my rights if I am dismissed because of my religion?

Dismissal on grounds of religion is prohibited in virtually all circumstances. You can have the dismissal annulled, claim fair compensation, and request a ruling from the College for Human Rights. Seek legal advice as quickly as possible — a two-month limitation period applies to contesting dismissal.

What is the College for Human Rights?

The College voor de Rechten van de Mens is an independent national body that investigates whether prohibited discrimination has occurred. You can submit a request free of charge. A ruling is not legally binding, but carries considerable authority and is taken into account by courts.

Can an employer refuse leave for religious holidays?

There is no statutory right to leave for non-recognised religious holidays. However, the employer must assess a leave request based on religious obligations seriously. Arbitrary or unequal treatment — granting comparable requests from some employees but not others without clear justification — can constitute prohibited discrimination.

What if my employer has a company policy that restricts my religious practice?

Company regulations that conflict with the AWGB or the Constitution are void. You can rely directly on the higher legal norms. Courts will disapply conflicting policy provisions and provide protection, including the restoration of rights with retroactive effect.

How do I prove that I have been discriminated against on grounds of religion?

You do not need to provide full proof. It is sufficient to put forward facts and circumstances that give rise to a presumption of prohibited discrimination — such as unequal treatment compared to colleagues, a lack of reasoning from the employer, or inconsistent application of policy. The burden of proof then shifts to the employer.

When should I consult a lawyer?

As soon as you experience a conflict over your freedom of religion in the workplace — particularly if dismissal, suspension or the systematic refusal of religious accommodations is involved. At Law & More, our employment law specialists are ready to assist both employers and employees.

Need advice on freedom of religion in the workplace?

Case law on freedom of religion in the workplace continues to develop. Whether you are an employer seeking to build a legally sound policy, or an employee seeking to protect your rights: Law & More has the expertise you need.

Contact us at www.lawandmore.nl or call our offices in Eindhoven or Amsterdam. Our employment lawyers advise in Dutch, English and a range of other languages.